Legal Question in Employment Law in India

Hi, i was selected in a company, from my college, which have said to train me for 6 months but not give me any salary. After those 6 month they will decide whether to finalize me as a permanent employee or throw me away. After 3 months of free working for them(training was of actually 10-15 days, then they put me on work for there own benefit, without any pay), i got selected in an other company, and run from old company. Now they are forcing me to pay 50000 as the training and selection expenditures by sending notice by an advocate to my home. Please note that I was not an employee and no salary was paid to me. I was working for free for them , thinking i might be selected as an employee after 6 month.

Please suggest me what should i do. Can they file a case against me if i will not answer to their notice to pay the amount. What are chances to my win if they drag me to the court.

Please reply me ASAP.

Ajai Kumar Gupta.

( +91-9811355031)


Asked on 9/16/13, 2:10 am

2 Answers from Attorneys
Muhammed Rafeeque VLegal

Hi Ajay, they can file a case against you even you reply the notice.the case may be strong if you have signed any bond/guarantee at the time of training.

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Answered on 9/16/13, 5:14 am
Fca Prashant Chavan Expert Edge LLP

16.09.2013

Dear Ajay,

Your points are perfectly valid and you should put down the same points in your reply to the notice, straightaway turning down the Company's action to ask you to pay Rs. 50,000/- as training and selection expenditure. Further, state clearly in the notice that you have actually done the Company a favour by working for them free of cost for three months. Today an employee employed in any establishment, be it a trainee or a fresher, is paid a minimum salary of Rs. 20,000/- per month. Assuming that norm, the Company already ought to have paid you Rs. 60,000/- for the three months you worked with them. So your actual notional loss is more than the training and selection expenditure that the Company claims to have incurred on you. Moreover, if you were trained in a group of 10-15 persons, you should also mention the fact that you were not trained alone, but in a group of ____ persons, in your written reply. Lastly, do not send your reply to the Advocate. Email and courier (with Proof of Delivery) your reply to the Head-Human Resources & the Managing Director of the Company, asking them to forward a copy of your reply to the concerned Advocate who has issued you the legal notice.

Regards,

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Answered on 9/16/13, 11:04 am


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